When you suffer a personal injury due to the fault of someone else, you most likely have a negligence claim. It can be a difficult time after suffering an injury such as this one and it’s important to understand your options as you move forward. It is in your best interest to work with an attorney to fully understand your rights and have more chance of success with your case.
The key elements of negligence:
– Duty of care.
Duty of care is a legal term that is in reference to the responsibility that someone has to avoid causing harm to another person. When you move forward in your case, you need to prove that this person had a duty of care in this particular situation that gave rise to the injury.
– Breach of duty of care.
In a personal claim or lawsuit, it needs to be shown that the other person breached or failed to abide by this duty. If the conduct of this person breached this duty, then negligence can be proven by showing that injuries were sustained because of this breach.
– Standard of care.
It can be difficult to understand what the appropriate standard of care is in a certain situation. This is assessed on a case by case basis.
Examples of duty of care in injury-related cases:
– Vehicle accident.
A driver has the legal duty to operate the vehicle with reasonable care whenever it is being driven. This includes adjusting depending on traffic conditions, visibility and weather. The driver is expected to drive with reasonable care in all situations. In most cases, if a driver violates a driving law, it will be assumed that the duty of care to other drivers, pedestrians and passengers has been breached if it caused an accident and people were injured.
– Medical malpractice case.
Any doctor or medical professional is expected to provide the same treatment with the same care and skill as other reasonably competent healthcare providers would in similar circumstances. This can be backed up with medical expert witnesses and practices in the same medical specialty.
– Slip and fall case.
When someone slips, falls and is injured, many times the property or business owner is blamed for negligence. This is because this owner has a legal obligation to keep the property free from any known hazards. They also need to act within a reasonable amount of time to find and fix other dangers as they occur.
– Defective product case.
How fault is established in negligence claims that cause serious personal injury:
– Any laws that were broken.
Fault can be established by showing that the defendant broke any laws. This is especially applicable in car accidents with injuries.
– Testimony of eyewitnesses.
If there were any witnesses to the accident, they will be able to testify about what happened to back up the plaintiff’s claims.
– Plaintiff’s testimony.
The plaintiff will also testify as to what happened and how the injury occurred.
– Other evidence from the scene.
Any other evidence from the scene will also be taken into consideration to help establish fault.
– Expert witnesses.
The testimony of expert witnesses can also help your case. This is especially helpful in cases of malpractice suits.
– Show that the injury was caused by defendant.
The last thing that will need to be done is show how the injury was caused by the defendant.
When dealing with a negligence claim that caused serious personal injury, it’s important to gather the necessary evidence in order to prove negligence as well as fault. A skilled attorney will be able to assist you with your case and the best way to move forward. Contact us for more information.